The fight leading to Miller's arrest occurred just before 3 a.m. Monday. Restaurant employees said they escorted Miller out of a San Francisco hot spot a couple of hours earlier two miles from the hotel after he tried to take food from customers.

The former San Francisco 49ers player posted a photo on Instagram saying "Sunday's are for the boys" a day earlier at the Palm House on Union Street. Miller was with friends there.

But Tommy's Joynt General Manager says he was alone when came in at 11:50 p.m. Sunday. "He did wobble while he was standing, he did lean on a lot of things to keep himself up," Tommy's Joynt General Manager Eddie Martin said.

He says Miller stood at the counter looking at the meat for a while. "He really, really wanted one of Tommy's sandwiches," Martin said.

The problem was he didn't seem to have any money. "He eventually gave up, he sat down for about 20 minutes and then he stood back up and went back at it with a guest trying to get their sandwich," Martin said.

Two miles away and about two hours later, surveillance video shows Miller staggering and his forehead covered in blood caught the attention of employees at the Fisherman's Wharf Travelodge who called 911. "When I saw him I thought he was intoxicated, maybe he bumped his headSomewhere," Travelodge front desk attendant Danesh Shrasta said.

San Francisco police say it was across the street that Miller tried to get into someone else's room at the Marriott. He's charged with assaulting a 70-year-old man and his 29-year-old son.

Both have since been released from the hospital.

Miller was also injured.

By phone his agent confirmed that he received several stitches. You can seen them in his booking photo. Miller's agent says he's trying to get to the bottom of what happened and so are police. "An assault occurred and we have to treat everything and treat everybody equally," San Francisco Police Department Ofc. Carlos Manfredi said.